HomeMy WebLinkAbout1985-08-26 85-294 RESOLVEAMENOEo BY SUBSTITUTE COM 85-294
CITY OF BANGOR
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h1R:FEAS, the City staff and City Council are currently reviewing to City's
policies regarding ms:icipal participation in the test of attests and sewers
for sutivisicn development in the City of Bangor; arca
UHEREeAS, there ata (3) panding subdivision projects in varying stages of
develc�ent, t wit: Pins-Meaduvs, Stillwater Gardens and %dock Ridge
Subdivisions; and
WHEREAS, the City Council has determined it to be in the general public.
interest and in the interest of the inhabitants of the City of Bangor for
the City to tvnstruct said streets and sewers and t participate, in part,
in the construction costs thereof; and
W�REi S, the City Council wishes t-estatlish a uni£ovn assessment folicy
for the assessment of the developsts' share of said construction costs for
each of mid subdivisions.-
NOW, THEREFORE, BY THE CM CWNCIL OF THE CITY OF B.VNCR BE IT RFSOLYED
THAT the City participate financially in the wets of construction of
streets and sewers in the Pisa -Bassoons, Stillwater Gardens and Hanlwk Ridge
Subdivisions, subject to the following:
(1) That the City shall construct, either by its employees or its
agents, all streets and sewer in said subdivisions.
(2) No new construction shall be m:menced until the developer has
entenad into an agremrent with tte City, in a form approved by foe¢ City
Solicitor, specifying tee terms and conditions under which the City will
financially participate in mid projects.
(3) 'That toe City stall participate in the street constructive vests at
imus rate of 508 of the total mid costs, the remaining wet of
Alen will to assessed to tle developer, as provided by law.
(4) 'ghat tie City shall participate financially in the construction
mats of sewers and drains in said projects at a maximm rate of 508 of said
tests.
.. Y
s., (5) 1'hat paid sewer construction costs shall be assessed to the
developer in acwrdance with 30 M.R.S.A, S 4352, 4451 at seg , and as
otherwise provided by law.
(6) That the payment of said street and sewer construction assessments
shall be deferred for a maximum of (3) years from tie date(s) of assessment,
that date to be established as the City Council's acceptance of the final
cost report of the City Engineer, provided:
a. Prior to assessment the developer enters into a written
agreement with the City specifying the terms and conditions of said
deferred payment;
b. That as each lot is sold, all street and swear assesmments for
said lot shall be paid.
c. gnat on the first annual anniversary date of said assessments,
the developer shall have paid ail much assessments on at least six lots. M
the second amoral anniversary date of said as mens the developer shall
have paid all such azsessmen[s on at least 6 additional lore. The payments
received by th=_ City for assessments on lots sold as provided in paragraph b
above shall be credited t6 the developer's liability for payments due on the
-
first and second annual anniversary dates. On the third annual anniversary
data of said azpessments, the developer shall pay all remaining unpaid
assessments, including interest, to the City. /07
a. Ghat interest at an annual rate of arse shall accrue and
become a part of said assessments from the date of assessment to the dates
of payment, said interest to be billed annually to coincide with the above
anniversary dates.
a. lfiat in the event the developer fails or refuses to comply:,
with the payment requirements of this Resolve Ute City shall have the full
right to recover interest at an annual rate of 126 from the date that the
payment of that assessment is due, plus its costs, as provided under n
M.R.S.A. S 3605 and 30 M.R.S.A. 5 4453, and to otherwise pursue its renedies.
as provided by law to collect said azsessmenra.
(7) That the, City's obligation to participate financially in the
Stillwater Gardens and ff d Ridge subdivisions shall be subject to and
only in the event that further action be taken by the City Council of the
City of Bangor to appropriate or otherwise fund the costa of street and
sewer construction in said subdivisions.
Developer to pay all test of lighting.
94
August
26
ro9
Intuced by Councilw.Tilley, Avgcat 26, 1985
CITY OF BANGOR
(TITLE.) gtWlbr.....
establishing Assessment polrcy streets s Se ens
_.Pira+.MeadGvs,.-SSillwater.Gaedex..&..Hevluck.8idge..9ibdiuisions._..: .,_—_.___......._..
By fhs Oft cm tiada My ofBn .
MWLVED,
Yd�RFPS, the City staff and City Connell are cnt ently revlewltg the City's
policies regarding municipal participation in the cost of streets and sewers
for subdivision development in the City of Bangor; and
�, there are (3) pending subdivision projects in varying stages of
development, to wit: Pine Meadows, Stillwater Gardens and Hemlock Ridge
subdivisions and
hlffinFPS, the City Coincil has determined it to he in the general public
interest and in the interest of the inhabitants of the City of Bangor for
the City c0 construct said streets and sewers and to participate, in part,
in the construction coats thereof; and
hHERFlS, the City Council wishes to establish a uniform assessment policy
for the assessment of the developers' share of said co structim costs for
each of said subdivisions.
ISCt4, THEREFORE, BY THE CM COUNCIL OF THE CITY OF &IAYYJR BE IT RESOLVED
THAT the City participate. financially in the Costs Of construction of
streets and sewers in the fine Meadows, Stillwater Gardens and Hemlock Ridge
Subdivisions, subject to the following:
(1) 'That the City shall construct, either by its enployees or its
agents, all streets and sewers in said suhdlvisic s.
(2) No new construction shall be commenced until the developer has
entered into an agreement with the City, in a Eons appro+ed by the City
Solicitor, specifying the tens and Conditions under which the City will
financially participate in said projects.
(3) TTwt fbe City shall participate in fbe street Conatruction costs at
a maxhnom rate of $5.75 per linear foot of roadway, the remaining test of
whirls will be assessed to the developer, as provided by law.
(4).1hat tte City shall participate financially in the constructim
costs of sewers ard drains in said projects at a maxummn rate of 508 of said
costs.
q'(5) mzt said sewer
construction costs shall be assessed to the
developer in accordsncewith 30 M.R.S.A. S 4352, 4451 at seq , and as
` otherwise pmaided by law.
(6) That the payment of said street and sewer construction assessaents
shall he deferred for a maximum of (3) years from the date(s) of assessment,
that date to be established as the City Council's acceptance of the final
cost report of the city t gineer, provided:
Prior to assessment the developer enters into a written
agreement with the City specifying the terms and conditions of said
deferred payment:
b. That as each lot is sold, all street and sewer assessments for
said lot shall be paid.
That on the first annual anniversary, data of said asses vents,
the developer shall have paid all such assessments on at least six lots. Cn
the secoM annual ann rsary date of said assessments the developer shall
have paid all such assessments on at least 6 additional lots. The payments
received by the City for as menta on lots sold as provided in paragraph b
above shall be credited to the developer's liability for payments due on the
first and second annual anniversary dates. On the third annual anniversary,
date of said asseasmnhs, the developer shall pay all remaining unpaid
assessments, including interest, to the City. -
d. Tbat interest at an annual rate of 8.58 shall accrue arcl
become a part of said assessments from the date of assesairent to the dates
of paymsnt, said interest to be billed annually to coincide with the above
anniversary dates.
e. 'Pat in the event the developer fails or refuses to amply
with the payment requirements of this Resolve the City shall have the full
right to recover interest at anmoral rate of 128 frau the date that the
payment of thea s sent is due, plus its costs, as provided u 23
M.R.S.A. S 3605 and 30 M.R.S.A. 5 4453, and to otherwise pursue its renedies
as provided by law to collect said assessments.
(7) That the City's obligation to participate financially in the
Stillwater Gardena and Hemlock Ridge subdivisions shall be subject to ani
only in the event that farther action be taken by the city Council of the
City of Bangor to appropriate or otherwise fund the costs of street and
sewer construction in said subdivisions.
H5-294
RESOLVE
�� '85 AUG 21 %2 a9
In City Council August 26.1 9
Amended by eabatiiad OF H'JyE:
dna Greeting einee meadow of s:;
B/22/B5
HEMLOCK RIDGE'W'`
AD
e•
I HAVE PUT SOME THOUGHTS ON PAPER, AND WOULD LINE TO REPO THESE
TO YOU TODAY. I BOUGHT 26 ACRES ON BURLEIGH ROAD 27 YEARS AGO. I
BUILT A HOME ON THEPROPERTYIN 1966, AND SHORTLY THEREAFTER y FILED
A SUB -_DIVISION AND SOLD 4 HOUSE LOTS FROM FRONTAGE I OWNED ON BURLEIGH
ROAD. AT THAT TIME WE HAD NO SEWER OR CITY WATER ON BURLEIGH ROAD, 50
I HAD SOME DESIGN WORK DONE FOR ACRE LOTS TO DEVELOP THE BACK LAND. IT
PROVED ECONOMICALLY XNADVISABLE.
THE YEAR /774 I JOINED WITH A PARTNER AND PURCHASED SUFFICIENT
LAND FOR A 30 LOT SUBDIVISION IN LINGOLNt ME. WE PUT IN THE ROAD,
SEWER AND WATER FOR B LOTS. THE TOWN ACCEPTED THE ROAD AND PAVED THE
STREET. PAVING THE STREET WAS THE TOWN'S ONLY PARTICIPATION. WE
BARELY GOT OUR MONEY BACK FROM THE EXPENDITURES REQUIRED FOR THE EIGHT
LOTS. WE SOLD THE REMAINING SUBDIVISION UNDEVELOPED. -THERE HAS BEEN
NO FURTHER EXPANSION FOR DEVELOPMENT TO THIS PROPERTY SINCE.
DURING 1975 I HAD A PRELIMINARY PLAN COMPLETED AND APPROVED FOR A
30 -LOT SUBDIVISION ON BURLEIGH ROAD, THE SAME PROPERTY YOU RECENTLY HAD
BEFORE YOU FOR A FINAL SUBDIVISION APPROVAL. ABOUT THIS SAME TIME I
HAD CLEARING DONE FOR A 50 FT. ROAD-WAYO AND ALL STUMPS AND OBSTRUCTIONS
HAULED FROM THIS 2000 -PLUS FT. OF PROPOSED ROAD. I STILLLDID NOT
DARE RISK MY FAMILY'S SECURITY TO GB AHEAD WITH THIS PROJECT. IN
RECENT YEARS I HAVE MADE SMALL ATTEMPTS TO INTEREST DEVELOPERS TO
PURCHASE THE PROPERTY; BUT MOSTLY SINCE 1975 I HAVE DONE LITTLE
EXCEPT CUT WOOD AND BURN THE BRUSH. IN MAY OF THIS YEAR 1985. WHEN
THE BANGORNEWSMADE PUBLIC THE TERMS FOR DON SOUCY'S DEVELOPMENT I
FIRST LEARNED THE CITY FUNDED DEVELOPMENTS. ALL IHAD BEEN TOLD WAS
THE CITY PAYS 50% OF THE SEWER AND $5.25/FT. ON THE ROAD.
I BELIEVE MR. FRAWLEY WILL REMEMBER ME VISITING HIM RIGHT AFTER I HAD
READ THIS INFORMATION. HE ADVISED ME I WAS GIVEN EVERYTHING IN PRINT
ON THE CITY^S POLICY FOR SUBDIVISIONS. THIS UNWRITTEN DISCRIMINATING
PLAN OF PROVIDING FUNDING HAS LEFT ME ON THE SIDE -LINES WATCHING MY
NEIGHBORS DEVELOP PROPERTY, TOTALLY UNAWARE INTEREST FREE MONEY WAS
BEING FURNISHED TO COMPLETE ENTIRE PROJECTS.
IF ANYONE THINKS HE ADVISED ME OF THE AVAILABILITY OF CITY FUNDING
BEYOND WHAT IS IN PRINT, IT IS IMPORTANT HE SAY 50 AT THIS TIME. MY
DEVELOPMENT COULD BE NEAR COMPLETION IF I HAD BEEN MADE AWARE THAT
FUNDING WAS AVAILABLE.. GENTLEMEN, DOES THIS HELP MAKE IT CLEAR WHY
I AM TODAY ASKING TO BE TREATED 'LIKE PREVIOUS DEVELOPERS4
IAPPRECIATE THE EFFORT THE COUNCIL HAS MADE TO HELP CORRECT THIS SYSTEM.
EXCEPT FOR THE TIME ELEMENT, I APPROVE OF YOUR PLAN #4, BOTH FOR THE
THREE PROJECTS BEFORE YOU AND FOR FUTURE DEVELOPMENTS. I BELIEVE THE
"TIME FOR PAY -BACK" COULD BE .USED AS A TOOL TO BE EXTENDED OR RESTRICTED,
AS RECOMMENDED BY THE CITY ENGINEER, TO CONTROL DEVELOPMENT AND THE
FLOW OF FUNDS. WHATEVER TIME ELEMENT IMPOSED FOR PLAN #4, I WOULD
HOPE, WOULD ALSO BE APPLIED TO THOSE ALREADY FUNDED PROJECTS, 50 THIS
$500,000. NOW OUTSTANDING COULD HE USED TO HELP NEW DEVELOPERS.
AND YES COUNCILOR TILLEY, IF YOU WISH TO STICK WITH THE OLD PLAN,
IT I5 ONLY FAIR THAT INTEREST FREE FUNDING BE OFFERED TO. ME. THE $5.25
FOR THE ROAD CONSTRUCTION IB NOT FAIR AND EQUITABLE BECAUSE OF THE
INFLATION FACTORS SINCE 1967 WHEN THIS FIGURE WAS ARRIVED AT.
AND NO MR. TILLEY, THE TAX -PAYERS OF BANGOR ARE NOT BEING TAKEN
ADVANTAGE OF WHEN WE ASK THE CITY TO PAN 50-% OF THE ROAD AND 50-% OF
OF THE SEWER. BOTH OF THESE PUBLIC UTILITIES WILL ENDURE LONG BEYOND
THE LIFE OF THE DEVELOPER. THE CITY GETS 100-% OF THE EXCISE TAX WE
PAY TO REGISTER OUR VEHICLES, AS MONEY TO MAINTAIN READS. THEY ASSESS
THE HOME -OWNER FOR USE OF THE SEWER, AND WILL ASSESS THE VALUE OF THE
LAND FOREVER, AND THE HOMES THEREON.
THE ONLY HARD DECISION YOU HAVE IS WHETHER THE CITY NEEDS NEW HOUSING
DEVELOPMENTS AT THIS TIME BY DETERMINING THE AVAILABILITY OF ALREADY
DEVELOPED LOTS, AND AT WHAT PACE THE FUNDING CAN BE FURNISHED.
AND WHILE I HOPE I STILL HAVE YOUR ATTENTION, NEW DEVELOPMENT
PROVIDES -A LOT FOR THE COMMUNITY IN THE WAY OF EMPLOYMENT, AND THE LOCAL'.
ECONOMY. OUR ECONOMISTS TELL US A MILLION DOLLARS SPENT BY PRIVATE
ENTERPRISE HAS A MULTIPLIER EFFECT OF 5 OR EQUAL TO 5 MILLION,
BECAUSE OF THE VARIOUS SPENDING OF THE VARIOUS RECIPIENTS OF THOSE
DOLLARS.
THE CITIZENS OF BANGOR ACCEPTED A GREAT BURDEN TO THEIR CITY WHEN
THEY VOTED TO HAVE N.U.D. TAKE OVER CAPEHART HOMES, INSTEAD OF ALLOWING
" PRIVATE ENTERPRISE TO PURCHASE THE PROPERTY. FORTUNATELY WE HAVE BEEN
BLESSED WITH SEVERAL SHOPPING CENTERS AND SOME INDUSTRIAL DEVELOPMENT,
AND YES, SOME RESIDENTIAL DEVELOPMENT TO HELP CARRY THIS MOSTLY
NON -TAX PAYING PUBLIC HOUSING COMPLEX. WE NEED TO CONTINUE PRIVATE
DEVELOPMENT TO FURTHER MINIMIZE THE EFFECT OF THIS COSTLY MISTAKE.
GENTLEMEN, I, HOPE YOU CAN COME TO SOME DECISION HERE TODAY.
I AM A SELF-EMPLOYED PERSON. MY PROPERTY TAX INCREASED RG% LAST
YEAR --PURE HOME ECONOMICS TELLS ME I MUST GET THIS. BEHIND ME AND BACK
TO WORK.